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10 August 2000
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Sub-Commission on the Promotion
and Protection of Human Rights
52nd session
10 August 2000
Morning
The Subcommission on the Promotion and Protection of Human Rights began this morning its consideration of the implementation of human rights with regard to women. Particular attention was given to traditional practices affecting the health of women and the girl child and the role and equal participation of women in development.
Subcommission Expert Halima Embarek Warzazi introduced her report on harmful traditional practices affecting the health of women and the girl child. She said this year had been full of progress and almost 130 delegations had cosponsored a session on traditional practices. However, women and the girl child's human rights were still being violated at an alarming rate through practices such as honour killings, dowry murders and female genital mutilation.
Other experts joined the discussion and condemned the practice of female genital mutilation. It was recognized that improvements had been made even though there had to be more political will to end repressive and cruel practices. Non-governmental organizations could play a role in this movement.
The following Subcommission Experts and Alternates Members contributed to the debate on violations of women's human rights: Halima Embarek Warzazi, Yung Kam Yeung Sik Yuen, El-Hadji Guisse, Christy Ezim Mbonu, Yozo Yokota, Barbara Frey, Erica-Irene Daes, Manuel Rodriguez Cuadros, El-Hadji Guisse, Paulo Sergio Pinheiro, Chin Sung Chung, Asbjorn Eide and Stanislav Ogurtsov.
The following non-governmental organizations took the floor: the World Federation of Methodist and Uniting Church Women, the Minnesota Advocates for Human Rights, the World Federation of Trade Unions, the International Confederation of Free Trade Unions, the International Institute for Peace, the Transnational Radical Party, the Union National de la Femme Tunisienne, the Himalayan Research and Cultural Foundation, the Netherlands Organization for International Development Cooperation, the Afro-Asian Peoples Solidarity Organization, the Women's International Democratic Federation and the Indian Council of Education.
The Subcommission will resume at 3 p.m. to continue its consideration of the implementation of human rights with regard to women.
Implementation of human rights with regard to women
Under this agenda item, the Subcommission has before it a fourth report on the situation regarding the elimination of traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2000/17), submitted by Subcommission Expert and Special Rapporteur Halima Embarek Warzazi, which reviews national, regional and international initiatives to end the practice of female genital mutilation; has a chapter on other traditional practices; and concludes, among other things, that "despite the slow but steady progress observed in the campaign against female genital mutilation, the Special Rapporteur would like to draw the attention of the international community as a whole. . . to the fact that many harmful traditional practices, discriminatory attitudes and acts of violence exist and are not being dealt with as they should be. . . The case of the crime of honour is a perfect illustration of this. Efforts and vigilance must therefore not be relaxed, especially as there is a need to combat not just laws, but beliefs rooted in centuries of patriarchal authority and male domination, drawing strength from discrimination against women, ignorance, and indifference towards women's fate".
There was a report by the Secretary-General on the situation of women and girls in Afghanistan (E/CN.4/Sub.2/2000/18) submitted in accordance with Subcommission resolution 1999/14. The report focuses on the human rights of women and girls in Afghanistan; principal areas of concern such as health, education, employment and freedom of movement; the situation of women and girls in areas controlled by the United Front and United Nations programmes and strategies. The report recommends the close monitoring of the situation by the Special Rapporteur on the situation of human rights in Afghanistan, the Special Rapporteur on violence against women and other extra-conventional United Nations mechanisms; that the international community continues to call for the repeal of all edicts and the end to all forms of gender discrimination; that all armed groups in Afghanistan respect fundamental human rights and that all Afghan parties, in particular the Taliban, bring to an end, without delay, all violations of human rights of women and girls and take urgent measures to ensure the repeal of all legislative measures which discriminate against women.
There was also a note by the Secretariat (E/CN.4/Sub.2/2000/19) remarking that information could not be provided currently by the Secretary-General on the subject of women and development, as requested, but that a report on the topic would be submitted to the General Assembly at its fifty-sixth session.
Statements
HALIMA EMBAREK WARZAZI, Subcommission Expert and Special Rapporteur, introducing her report on traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2000/17), said the person who had headed the organization Terre des Hommes, Edmond Kaiser, who had passed away recently, had been the first to raise this delicate and important issue, and hence had led the way for all that had followed.
This year had been more fruitful in terms of progress. Almost 130 delegations had co-sponsored a session on traditional practices, while a few years ago it had been hard to get any support at all, and support had been expressed for ending all harmful traditional practices, not merely female genital mutilation.
Other practices did have to be revealed; the world could not remain blind to them. Crimes of honour were an example. This scourge affected women and children, both Muslim and Christian. In Jordan, for example, this practise was supported in part by discriminatory laws. Attempts to change the laws had failed; the same, unfortunately, had occurred in Pakistan. Other offenses should receive greater attention: dowry murder in India, or rapes committed under the caste system. Millions of Asian women suffered under systems that had long histories of patriarchy and subjugation of women. It was time to change the fate of women in Asia; it was no longer acceptable that they be treated in these ways.
Africa had shown lately that such practices and attitudes could be changed. A conference of African women ministers and Parliamentarians had been held recently, for example, resulting in a declaration calling for an end to harmful traditional practices, with particular reference to female genital mutilation. Of course it took time to change backward ideas; it took Government commitment and involvement of non-governmental organizations. But the light was at the end of the tunnel; where there was a will, there was a way.
YUNG KAM YUENG SIK YEUN, Subcommission Expert, said that even though the violations of human rights of women particularly affected females, the root cause of the problem could be found in men's ideas and practices. There had been a tape prepared by the World Health Organization on the topic which was very informative, giving the number of female genital mutilations across the world. This practice was particularly apparent in Africa. Female genital mutilation was not only a women's affair, it was closely related to man's understanding of the promotion of human rights. There had to be serious educational programmes spread across the African continent to prevent this practice. It was seen as a way to ensure the chastity of a girl before marriage and to prevent the promiscuity of married women. It consisted of the sewing up of the female genitals of young girls. These practices were non-sensical and regressive to societies which had mainly been male-dominated. It was high time this horrendous practice was stopped.
EL-HADJI GUISSE, Subcommission Expert, said Mrs. Warzazi's report was, as always, thorough and valuable. However, he wondered about the question of adopting prohibitive laws in the field. These harmful practices had developed over centuries, and to adopt legislation that took effect in a day made implementation impracticable and might only incite resentment and resistance. What was needed was education. These practices had developed not just to limit women from having sex elsewhere; they were thought of, formally, as a kind of purification; sexual mutilation was thought of as a way of removing parts of the body that might cause infection or contamination. Today modern medicine revealed that this idea was misguided. Education was needed to spread this news; what was needed was to change mentalities. To criminalize these sexual practices would merely turn many people into criminals, as they would continue to do these things -- and it was a little rough to tell people to whom such measures had been applied that they had been subject to criminality.
He also suggested to Mrs. Warzazi that she might look at the situation in some countries where women who could not have children were looked upon as outcasts, as beasts, as the culture was based on fertility, reproduction, and the passing on of family lines and property. They suffered heavily, and this, too, was a harmful traditional practice.
CHRISTY EZIM MBONU, Subcommission Alternate Member, said if there was anyone determined to give an issue attention from the international community it was Ms. Warzazi. She was congratulated for her important work. The Beijing platform on women also had a role to play to inform people about these issues. The achievements were impressive, and many people had been informed about the adverse affects of these practices. The role of the non-governmental organizations was vital to continue achievements as was political will.
YOZO YOKOTA, Subcommission Expert, said Mrs. Warzazi's report was, as always, valuable. Each of these reports made his heart ache. On the other hand, he had a slight feeling of relief when he read, in each report, some small but steady sign of progress. Achieving more progress was very important. Many people did not even know of the existence of such practices, but recently he had noticed that some Japanese non-governmental organizations had learned of them and had begun to do something to assist victims.
Overcoming this sensitive, difficult problem, required, of course, responsibility on the part of Governments. But widespread public education and sensitization was if anything more important, along with providing psychological and medical assistance. The world community must cooperate to solve this problem.
BARBARA FREY, Subcommission Alternate Member, said it was important to give renewed attention to female genital mutilation and also noted the increased attention given to honour killings. There was concern about the practice of 'Trokosi' which was a form of ritual enslavement of girls carried out in certain regions of Ghana. Trokosi was a religious and cultural practice which had evolved among the Ewe tribe in Ghana and meant 'slave of deity'. It was a practice which believed that when a deity had rendered a service to someone, a 'reward' had to be given. A Trokosi was a virgin who was given to a deity to atone for the offense of a relative and in some instances they served as slaves to atone for the rape that led to their birth. The girls performed uncompensated tasks and invariably became sexual servants to the priest and functionaries. There was international and national concern about this harmful practice, and the Government of Ghana and several non-governmental organizations had taken steps to abolish the practice and liberate the victims. Despite positive steps, an estimated 3,000 women and girls still served as Trokosis in Ghana. There were problems in enforcement due to fear on the part of the families and lack of funds for NGOs. The Ghanaian Government should be encouraged to give force to legislation by prosecuting those responsible.
ERICA-IRENE DAES, Subcommission Expert, said the report again was very valuable. She had elaborated a relevant draft resolution which should now be circulating. She wanted to emphasize, however, that in spite of so many people's efforts, these inhuman practices continued to take place, and she agreed with the Special Rapporteur that much could be done through education, at every level. There should be continuing seminars in regions where these phenomena still existed.
Concerning Ghana, she agreed with Ms. Frey's statement.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said that the scope of the report was impressive. It was an extremely serious subject, not only affecting the integrity of humanity but also related to human dignity. The international community had become increasingly aware of the seriousness of these problems. Female Genital Mutilation and other harmful practices showed that cultural relativism or so-called cultural exceptions could not become an exception in the universal application of human rights. The growing mobilization of non-governmental organizations in African countries and the growing concern of the international community showed the validity of the universality of human rights. It was not possible to accept exceptions which constituted serious violations of human rights, human dignity was the heritage of all cultures and countries. Secondly, the means and instruments which had been referred to as the mechanisms to make the practices extinct were important. Education, and the changing of the cultural guidelines which underlay these practices was important.
He stressed the significance of legislative action. Multidisciplinary efforts were required to establish laws which prohibited these practices and to make sure they were valid laws which were applied and respected. It was within this sphere that educational campaigns could make a difference. Third, one had to take note of the trends to mobilize national, regional and world awareness which were beginning to have a positive effect. The non-governmental organizations in Africa itself were mobilizing, a clear sign of an improvement of the situation.
RENATE BLOEM, of the World Federation of Methodists and Uniting Church Women, speaking on behalf of 17 non-governmental organizations, said obstacles to continued progress for women -- and there had been much progress -- included that violence against women was still rampant in many forms; where poverty existed, women suffered the most; tradition, patriarchal norms, and cultural patterns of discrimination persisted in too many places and in some cases seemed to be hardening; women's achievements still tended to be devalued; policy and decision-making in every field still tended to be dominated by men; and in many countries the media continued to project a negative and degrading image of women.
The final document of the Beijing Plus 5 summit, while falling short of NGO expectations, moved forward with tougher measures to combat domestic violence, including marital rape, trafficking in women and girls, and in tackling the impact on women of HIV/AIDS and globalization. It called for women's rights to inheritance, to property, and access to housing; it mentioned for the first time so-called honour crimes and identified traditional practices, such as female genital mutilation and early and forced marriage, as human-rights violations. Time-bound goals were set related to closing the gender gap in primary and secondary education, free compulsory and universal primary education, universal access to primary health care, and improvements in adult literacy. There should be a follow-up study on "how to transform those cultural practices which discriminate against women and which, at times, cause irreparable physical, psychological and social damage to women and girls".
PENNY PARKER, of the Minnesota Advocates for Human Rights, said the organization had been working in the areas of domestic violence, sexual harassment and trafficking in women. The lack of availability and accessibility of local remedies in this area was one of the key conclusions of the organization's report. The organization was dedicated to documenting human rights abuses as well as advocating, educating and providing training and technical assistance. It also offered monitoring and training tools to empower local non-governmental organizations to improve human rights conditions in their countries. The conclusion of several reports on Armenia, Moldova, Ukraine and Uzbekistan had showed that domestic violence in the lives of women in all these countries was pervasive.
Women could not speak freely about this problems and even though one in three women had experienced domestic abuse, there was a general sense of denial. The effects of domestic violence never stopped in the home. Many of the women who were trafficked were taking risky job offers abroad in an attempt to escape the domestic violence at home. The Subcommission was urged to consider concrete remedies to these problems. The challenge of implementing human rights with regard to women was very difficult. Domestic violence was a particularly incipient abuse, paralysing women in many ways from enjoying the basic human rights they deserved.
AIDA AUGILA, of the World Federation of Trade Unions, said regrettably the Secretary-General's report on the situation of women in Afghanistan had not yet come out. Full and abhorrent violations of the rights of Afghan women continued to occur without much help from the international community to end them. Women were subjected to beatings for going out into the street without an escort or for violating the draconian dress code. They could not even listen to music in their own rooms. Women doctors, lawyers, engineers and other professionals had been suddenly denied the right to work and were virtual prisoners in their own homes. Many women had become beggars -- they had to go out into the street, fearful, to get money for their children. Schools were closed to girls.
Afghanistan had the highest rate of maternal mortality in the world, according to the World Health Organization. There was a very high rate of depression among women. Millions of girls were growing up with no education, no health care, and were plagued daily by threats and punishment. The international community had not done nearly enough, and the humanitarian assistance offered did not require often enough that it be spread equally between men and women. Also, the international organizations working in Afghanistan should have more women staff.
ANNA BLONDI BIRD, of the International Confederation of Free Trade Unions, said that without exception in all European Union countries women received lower wages than men for equal work and were under represented in management positions. In Italy, women's salaries were 20 percent lower than that of men; in Spain they were 27 percent lower. Women were denied promotions to posts traditionally held by men, irrespective of ability and training. Women were also facing sexual harassment at work. In Belgium one out of three women was harassed sexually at the workplace, although sexual harassment was illegal. The picture certainly did not improve in the rest of the world, since gender discrimination was deeply rooted in all societies. Women's jobs were more likely to be part-time, low-paid, atypical, home-based, sub-contracted, out sourced, in the informal sector and connected to migrant domestic workers. States were called upon to ratify the Convention on the Elimination of All Forms of Discrimination Against Women, stamp out discrimination against women at work and deal with sexual harassment at the workplace. More studies had to be carried out through gender impact analysis on labour market policies and programmes and the gender dimension of all Governments' policies.
TATIANA SHAUMIAN, of the International Institute for Peace, said she had been impressed by a statement by Joy Ezeilo of the University of Nigeria at a panel discussion on poverty, violence and the human rights of women, where she identified poverty and violence as the two major constraints to the advancement of women worldwide, and said that women's low social status and denial of equal access to education made achievement of a higher level of life impossible. The latest available data showed an alarming increase in the number of rural women living in poverty. The Revolutionary Association of the Women of Afghanistan had expressed deep concern about poverty in the country, and especially women's poverty, and about the remarkably grave violations of women's rights in Afghanistan in the name of Islam.
In Pakistan, there were such violations as "marriage in exchange" and honour killings; as long as Muslim women were conditioned to accept the rights used by religious hierarchies, they would never become fully free or equal to men. It was necessary to take legislative, administrative, social and educational measures to protect the girl child from all forms of physical or mental violence, injury or abuse, maltreatment or exploitation, including sexual abuse.
MARIAN SIKORA, of the Transnational Radical Party, drew the attention of the Subcommission to female genital mutilation which involved partial or total removal of the external female genitalia or injury to the female genital organs, usually performed on girls before puberty. Between 100 and 132 million girls and women have been subjected to female genital mutilation around the world and an estimated 2 million girls were at risk of the practice. In Africa, the estimated proportion of victims varies from 98 percent in Somalia to 5 percent in Zaire, however, the practice was also found in some ethnic groups in Oman, the United Arab Emirates, Yemen, India, Indonesia and Malaysia. The practice had a number of short-term and long-term medical consequences, however, female genital mutilation could also lead to death. In fact, the highest maternal and infant mortality rates were recorded in regions which practised this mutilation. The Subcommission was urged to draft and adopt laws banning female genital mutilation as a crime against personal integrity, realize systematic county-by-country surveys, promote public information, education and prevention campaigns and support local women's networks and associations that struggled for the elimination of these practices.
KHAYECHI NAIMA, of the National Union of Tunisian Women, said the Beijing Plus 5 summit had helped maintain political will to continue work towards equal rights for women around the world and in all aspects of life. The summit had highlighted the need to promote the participation of women in political decision-making. Women continued to suffer from poverty and deprivation -- especially refugee women and elderly women. Others were denied the right to education or suffered from poverty and violence. The international community should work more with non-governmental organizations to promote the situation of women, especially in developing countries, and should consider contributing resources to NGO efforts.
Tunisian women were eager to promote the status of women everywhere. After 1956, when Tunisia became independent, measures had put an end to polygamy in Tunisia; some 20 women's NGOs were now active in the country, and worked very closely with State bodies to address women's needs. Seminars had been held to advance the status of women, both in rural and urban areas; micro-credit programmes had been started; and women's rights after divorce, such as entitlements to alimony, had been established. Women also were active politically in Tunisia. More international solidarity was needed to advance the status of women.
FRANCOISE JANE HAMPSON, Subcommission Expert, welcomed the focus in the report on women and harmful traditional practices on effectiveness and practical implications on the ground. There were many issues of concern within this field. First, the goals with regard to implementation were complex. One had to address women in the private sphere, not only as economic players or victims. This could be done only through looking at the role of men in the private sphere. Finding effective ways to address the issue was complex. National authorities had to educate and persuade and to lead this process. Many Governments seemed unwilling to take the lead. The responsibility of Governments was not confined to following public opinion, but involved promoting human rights with sensitivity.
Concern was raised as to the incidents of forced marriage. In Britain, victims tended to be tricked to go to the Subcontinent only to find they had been promised away for marriage. This was not a question of education of citizens, but the State's obligation to enforce its own law. The State should take a lead in shaping attitudes. Mrs. Hampson noted that the British Government had always sought to promote all rights. However, friendly policies were said to have led to resentment amongst those who did not have young children.
With regard to female genital mutilation, States still attempted to impose their views on other societies. There was a need for education. The use of the virginity test in cases of rape was of concern. If States used this method, the necessary training had to be given to those carrying out the tests. The State had to take the lead to show that the premises on which virginity tests were taken were without substance. Finally, child victims of abuse and prostitution should not be criminalized. Article 3 of the optional protocol had to be viewed in this light.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said the report on harmful traditional practices was praiseworthy and was a classic example on how tenacity and conviction achieved their aim. The topic had been taboo when Mrs. Warzazi began her work; now it was a focal point of the Subcommission's work. It also showed how cooperation and careful negotiation with Governments and civil societies could achieve the basic challenge of such an undertaking, which was how to reconcile cultural values with the need for international standards so there was a balance between custom and adaptation to new requirements. The Subcommission regularly faced this challenge; it sought to homogenize standards. It sought to change the world in a way that was not to be seen as an elimination of cultures and traditions.
States now submitted information on this delicate subject of traditional practices voluntarily; the Inter-African Committee also provided information. The topic could, in fact, be the subject of successive analyses. The problem was a long way from being solved, and the Subcommission should not end its scrutiny.
El-HADJI GUISSE, Subcommission Expert, reacted to Ms. Hampson's example of family policies offending people without children in the United Kingdom. The Western world was very individualistic, hence this was not surprising, however, in Africa the individual was only seen in terms of the group. Therefore it was further proof that one needed to analyse programmes with regard to the social context for which it was intended. Problems in criminal legislation on their own could not solve the problem, in fact, information and education were the two most basic channels to tackle these issues. Criminal law could not tackle the problem as traditional beliefs were deeply rooted in the minds of people.
PAULO SERGIO PINHEIRO, Subcommission Expert, said he supported Mrs. Warzazi's study. The exercise also provided valuable suggestions for Western non-governmental organizations who wanted to work on this subject in other societies. The study had a good specific focus and stated the challenges involved carefully and accurately. It could help Governments in designed programmes to promote respect for women's rights.
CHIN SUNG CHUNG, Subcommission Alternate Member, said that the human rights of women were more and more present in human rights discourse as all people were equal in dignity and worth. The universal declaration of human rights reaffirmed the rights of all peoples and the equal rights of men and women. Discussions on traditional practices were based on this concept on human rights. The report was impressive, as was Mrs. Warzazi's commitment to the cause of the eradication of harmful traditional practices. He was pleased to note that despite the lack of response from Governments, that a large number of countries had contributed with helpful information. The Subcommission should make further effort to ensure that Governments responded in order to enable the work to proceed. Trokosi and honour killings were also of concern and Governments should be urged to act, educate and lead to an end to these practices once and for all.
ASBJORN EIDE, Subcommission Expert, said the report and Mrs. Warzazi's efforts deserved continuing support. Mr. Guisse's comments on Mrs. Hampson seemed to him to overstate the differences between Western and African societies, as far as groups and individuals were concerned. He had had long conversations with African sociologists who had said there was a change in African approaches to individuals and groups, and in the West there were frequently strong loyalties to groups and families. Meanwhile the point of international human-rights law was to protect human rights; and that included sometimes not only the need for criminal measures but steps to educate, too. Perhaps Mr. Guisse had given too weak attention to the protective function of States under international human-rights law.
In Afghanistan, the Subcommission had to acknowledge that the situation there was really a return to the dark ages, and also an insult to Islam. This shameful situation had to be ended. The world could not sit aside and let this tragedy continue for the women of Afghanistan and for all members of Afghanistan's society.
EL-HADJI GUISSE, Subcommission Expert, responded to Mr. Eide's comments by quoting a proverb from his home-country, that only those who live along the banks of the river, know how deep it is. The African family was different, everyone was bound together in a different way. What Mr. Guisse had said about his country was not to be subjected to intellectualization by Mr. Eide. Furthermore there were two sides to human rights, there was promotion and protection. Information was the key to human rights in this field as the law had only been an obstacle and had only entered into force when there had already been a violation.
STANISLAV OGURTSOV, Subcommission Expert, said Mrs. Warzazi's work was remarkable; she had gathered information despite non-cooperation from States. She had published it and had accomplished much good. Such countries should do more to cooperate; what was happening was incredible. Millions of girls were being threatened with these kinds of dangerous operations. Other crimes -- burning of unfaithful women, for example, were terrible and horrific. They were blatant violations of human rights. The Subcommission had to state that bluntly, and the study must be continued. It also was clear that legislation alone would not uproot these evils. Education, information, dialogue and assistance ultimately would bring about an end to these evil practices.
RIYAZ PUNJABI, of the Himalayan Research and Cultural Foundation, said the UN was systematically moving in the direction of achieving the objective of elimination of violence against women in public and private life. In order to achieve all the objectives included in that field the Special Rapporteur was required to review the definition of gender as prevalent in different societies, and to study the balance of power between men and women at all levels of society across the world. Violations no longer needed to remain a private affair between individuals, States were under the obligation to provide complete information to the Special Rapporteur on all aspects regarding the situation of traditional practices affecting the health of women and the girl child. However, in view of the limited response so far, the report had been forced to divert most of its attention to female genital mutilation and less so to honour killings. Both practices were abhorring and inhumane practices and needed to be banished from the face of the earth. United Nations efforts as well as those of non-governmental organizations were gradually eliminating these inhuman practices from societies in which they were present. The local and national media, particularly in the developed world, had been repeatedly highlighting the cases of sexual harassment at places of their work. The Special Rapporteur needed to take up these issues which had a great bearing on human rights with regard to women. With regard to the lack of information, perhaps NGOs could assist, to enable the Special Rapporteur to take measures to implement the human rights with regard to women.
SONI SETYANA, of the Netherlands Organization for International Development Cooperation, said female genital mutilation was practised in rural Indonesia, often with little understanding of health and hygiene. Sixteen years after ratifying the Convention on the Elimination of All Forms of Violence Against Women, there was not enough being done by the Government to provide better health information on such matters, and to spread such information evenly around the country; there also was a lack of health education that could have fatal consequences. Overall the Indonesian Government had not paid enough attention to traditional practices affecting the health of women and girls.
The Government had shown much goodwill, had signed the CEDAW optional protocol and had formulated a national policy on women's participation in development. But in practice, past gender attitudes remained in force, even in Government. There were very few women participating in strategic and policy-making positions. There was still a long way to go, and the Government must be encouraged to improve legislation and health standards, create a gender-sensitive judiciary, and fulfil its reporting obligations under CEDAW.
NEELAM BHAN, of the Afro-Asian People's Solidarity Organization, said that besides the economic criterion that subjugated women, it had often been religion or a wrong interpretation of religion that had played a significant role in subjugating women. This had happened in all religions, in all societies and in all cultures. The Beijing Conference on Women should be considered a testament of women's rights at the end of the twentieth century. In the Beijing Plus 5 summit, there had been an opportunity to revive the programme of action agreed upon five years ago. Countries should appreciate the gains and should underline the shortfalls so that these could be overcome.
In South Asia, women were facing acute problems in the scourges of poverty, illiteracy, unequal treatment in all spheres of life, discrimination against the girl-child, physical violence against women etc. These problems were compounded by the imposition of a wrong interpretation of religion. Particular reference was made to the situation of women in Pakistan, Afghanistan and Kashmir where fundamentalism or a regressive interpretation of religion added to general discrimination. In India, women suffered from discrimination, but due to the strong Indian women's movement, the discrimination was not based on religion. Women in South Asia had a long way to go before their potential was realized. However, with the presence of religious fundamentalism and revival, this task was even more difficult.
FATMA KAYA, of the Women's International Democratic Federation, said women were being short-changed educationally, and that was greatly hindering their ability to compete in the globalized economy; in addition, States were cutting budgets or privatizing sectors where women were frequently employed, such as in health areas. And sweat shops, part-time and uninsured work were a feature of globalization in the Southern hemisphere, and posed serious problems for women employees.
Freedom of thought was a crime in Turkey; women were arrested for it, and most of them were Kurdish, and they were then subject to harassment and rape in police stations and prisons. In South Kurdistan, meanwhile, the heavy impact of religion and economic pressure were impeding the development opportunities of Kurdish women. In Iraqi Kurdistan, women were oppressed, beaten, mutilated and murdered. Those who killed women through crimes of honour walked around free and unpunished. States must guarantee women's rights in all sectors and activities of public and private life and must pass effective criminal laws for prosecuting offenses against women's rights.
A. S. NARANG, of the Indian Council of Education, said developments remained narrow, marginalizing sections of society, more particularly women. Statistics showed that women worked two thirds of the world's working hours, yet earned less than a tenth of the world's income. In addition, two thirds of the world's illiterate were women. Although largely responsible for the health and welfare of family members, these women were often deprived of the very means to perform these functions efficiently. Women, particularly from lower castes and indigenous populations, lived in a situation of extreme poverty, marginalization and vulnerability. Women's right to development still encountered many barriers rooted in domestic laws, cultural traditions, social practices and gender based stereotypes that were extremely difficult to eradicate. It was time that States and societies were made to understand that the struggle for gender equality was not a women's struggle against men, but rather a struggle for justice and human rights. The Subcommission should look into the necessity of recommending affirmative actions for involving women in political and administrative decision-taking bodies. It was hoped that the Commission, States and civil society would play a more active role and that all the progress on paper would not remain rhetoric.
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and Protection of Human Rights
52nd session
10 August 2000
Morning
The Subcommission on the Promotion and Protection of Human Rights began this morning its consideration of the implementation of human rights with regard to women. Particular attention was given to traditional practices affecting the health of women and the girl child and the role and equal participation of women in development.
Subcommission Expert Halima Embarek Warzazi introduced her report on harmful traditional practices affecting the health of women and the girl child. She said this year had been full of progress and almost 130 delegations had cosponsored a session on traditional practices. However, women and the girl child's human rights were still being violated at an alarming rate through practices such as honour killings, dowry murders and female genital mutilation.
Other experts joined the discussion and condemned the practice of female genital mutilation. It was recognized that improvements had been made even though there had to be more political will to end repressive and cruel practices. Non-governmental organizations could play a role in this movement.
The following Subcommission Experts and Alternates Members contributed to the debate on violations of women's human rights: Halima Embarek Warzazi, Yung Kam Yeung Sik Yuen, El-Hadji Guisse, Christy Ezim Mbonu, Yozo Yokota, Barbara Frey, Erica-Irene Daes, Manuel Rodriguez Cuadros, El-Hadji Guisse, Paulo Sergio Pinheiro, Chin Sung Chung, Asbjorn Eide and Stanislav Ogurtsov.
The following non-governmental organizations took the floor: the World Federation of Methodist and Uniting Church Women, the Minnesota Advocates for Human Rights, the World Federation of Trade Unions, the International Confederation of Free Trade Unions, the International Institute for Peace, the Transnational Radical Party, the Union National de la Femme Tunisienne, the Himalayan Research and Cultural Foundation, the Netherlands Organization for International Development Cooperation, the Afro-Asian Peoples Solidarity Organization, the Women's International Democratic Federation and the Indian Council of Education.
The Subcommission will resume at 3 p.m. to continue its consideration of the implementation of human rights with regard to women.
Implementation of human rights with regard to women
Under this agenda item, the Subcommission has before it a fourth report on the situation regarding the elimination of traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2000/17), submitted by Subcommission Expert and Special Rapporteur Halima Embarek Warzazi, which reviews national, regional and international initiatives to end the practice of female genital mutilation; has a chapter on other traditional practices; and concludes, among other things, that "despite the slow but steady progress observed in the campaign against female genital mutilation, the Special Rapporteur would like to draw the attention of the international community as a whole. . . to the fact that many harmful traditional practices, discriminatory attitudes and acts of violence exist and are not being dealt with as they should be. . . The case of the crime of honour is a perfect illustration of this. Efforts and vigilance must therefore not be relaxed, especially as there is a need to combat not just laws, but beliefs rooted in centuries of patriarchal authority and male domination, drawing strength from discrimination against women, ignorance, and indifference towards women's fate".
There was a report by the Secretary-General on the situation of women and girls in Afghanistan (E/CN.4/Sub.2/2000/18) submitted in accordance with Subcommission resolution 1999/14. The report focuses on the human rights of women and girls in Afghanistan; principal areas of concern such as health, education, employment and freedom of movement; the situation of women and girls in areas controlled by the United Front and United Nations programmes and strategies. The report recommends the close monitoring of the situation by the Special Rapporteur on the situation of human rights in Afghanistan, the Special Rapporteur on violence against women and other extra-conventional United Nations mechanisms; that the international community continues to call for the repeal of all edicts and the end to all forms of gender discrimination; that all armed groups in Afghanistan respect fundamental human rights and that all Afghan parties, in particular the Taliban, bring to an end, without delay, all violations of human rights of women and girls and take urgent measures to ensure the repeal of all legislative measures which discriminate against women.
There was also a note by the Secretariat (E/CN.4/Sub.2/2000/19) remarking that information could not be provided currently by the Secretary-General on the subject of women and development, as requested, but that a report on the topic would be submitted to the General Assembly at its fifty-sixth session.
Statements
HALIMA EMBAREK WARZAZI, Subcommission Expert and Special Rapporteur, introducing her report on traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2000/17), said the person who had headed the organization Terre des Hommes, Edmond Kaiser, who had passed away recently, had been the first to raise this delicate and important issue, and hence had led the way for all that had followed.
This year had been more fruitful in terms of progress. Almost 130 delegations had co-sponsored a session on traditional practices, while a few years ago it had been hard to get any support at all, and support had been expressed for ending all harmful traditional practices, not merely female genital mutilation.
Other practices did have to be revealed; the world could not remain blind to them. Crimes of honour were an example. This scourge affected women and children, both Muslim and Christian. In Jordan, for example, this practise was supported in part by discriminatory laws. Attempts to change the laws had failed; the same, unfortunately, had occurred in Pakistan. Other offenses should receive greater attention: dowry murder in India, or rapes committed under the caste system. Millions of Asian women suffered under systems that had long histories of patriarchy and subjugation of women. It was time to change the fate of women in Asia; it was no longer acceptable that they be treated in these ways.
Africa had shown lately that such practices and attitudes could be changed. A conference of African women ministers and Parliamentarians had been held recently, for example, resulting in a declaration calling for an end to harmful traditional practices, with particular reference to female genital mutilation. Of course it took time to change backward ideas; it took Government commitment and involvement of non-governmental organizations. But the light was at the end of the tunnel; where there was a will, there was a way.
YUNG KAM YUENG SIK YEUN, Subcommission Expert, said that even though the violations of human rights of women particularly affected females, the root cause of the problem could be found in men's ideas and practices. There had been a tape prepared by the World Health Organization on the topic which was very informative, giving the number of female genital mutilations across the world. This practice was particularly apparent in Africa. Female genital mutilation was not only a women's affair, it was closely related to man's understanding of the promotion of human rights. There had to be serious educational programmes spread across the African continent to prevent this practice. It was seen as a way to ensure the chastity of a girl before marriage and to prevent the promiscuity of married women. It consisted of the sewing up of the female genitals of young girls. These practices were non-sensical and regressive to societies which had mainly been male-dominated. It was high time this horrendous practice was stopped.
EL-HADJI GUISSE, Subcommission Expert, said Mrs. Warzazi's report was, as always, thorough and valuable. However, he wondered about the question of adopting prohibitive laws in the field. These harmful practices had developed over centuries, and to adopt legislation that took effect in a day made implementation impracticable and might only incite resentment and resistance. What was needed was education. These practices had developed not just to limit women from having sex elsewhere; they were thought of, formally, as a kind of purification; sexual mutilation was thought of as a way of removing parts of the body that might cause infection or contamination. Today modern medicine revealed that this idea was misguided. Education was needed to spread this news; what was needed was to change mentalities. To criminalize these sexual practices would merely turn many people into criminals, as they would continue to do these things -- and it was a little rough to tell people to whom such measures had been applied that they had been subject to criminality.
He also suggested to Mrs. Warzazi that she might look at the situation in some countries where women who could not have children were looked upon as outcasts, as beasts, as the culture was based on fertility, reproduction, and the passing on of family lines and property. They suffered heavily, and this, too, was a harmful traditional practice.
CHRISTY EZIM MBONU, Subcommission Alternate Member, said if there was anyone determined to give an issue attention from the international community it was Ms. Warzazi. She was congratulated for her important work. The Beijing platform on women also had a role to play to inform people about these issues. The achievements were impressive, and many people had been informed about the adverse affects of these practices. The role of the non-governmental organizations was vital to continue achievements as was political will.
YOZO YOKOTA, Subcommission Expert, said Mrs. Warzazi's report was, as always, valuable. Each of these reports made his heart ache. On the other hand, he had a slight feeling of relief when he read, in each report, some small but steady sign of progress. Achieving more progress was very important. Many people did not even know of the existence of such practices, but recently he had noticed that some Japanese non-governmental organizations had learned of them and had begun to do something to assist victims.
Overcoming this sensitive, difficult problem, required, of course, responsibility on the part of Governments. But widespread public education and sensitization was if anything more important, along with providing psychological and medical assistance. The world community must cooperate to solve this problem.
BARBARA FREY, Subcommission Alternate Member, said it was important to give renewed attention to female genital mutilation and also noted the increased attention given to honour killings. There was concern about the practice of 'Trokosi' which was a form of ritual enslavement of girls carried out in certain regions of Ghana. Trokosi was a religious and cultural practice which had evolved among the Ewe tribe in Ghana and meant 'slave of deity'. It was a practice which believed that when a deity had rendered a service to someone, a 'reward' had to be given. A Trokosi was a virgin who was given to a deity to atone for the offense of a relative and in some instances they served as slaves to atone for the rape that led to their birth. The girls performed uncompensated tasks and invariably became sexual servants to the priest and functionaries. There was international and national concern about this harmful practice, and the Government of Ghana and several non-governmental organizations had taken steps to abolish the practice and liberate the victims. Despite positive steps, an estimated 3,000 women and girls still served as Trokosis in Ghana. There were problems in enforcement due to fear on the part of the families and lack of funds for NGOs. The Ghanaian Government should be encouraged to give force to legislation by prosecuting those responsible.
ERICA-IRENE DAES, Subcommission Expert, said the report again was very valuable. She had elaborated a relevant draft resolution which should now be circulating. She wanted to emphasize, however, that in spite of so many people's efforts, these inhuman practices continued to take place, and she agreed with the Special Rapporteur that much could be done through education, at every level. There should be continuing seminars in regions where these phenomena still existed.
Concerning Ghana, she agreed with Ms. Frey's statement.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said that the scope of the report was impressive. It was an extremely serious subject, not only affecting the integrity of humanity but also related to human dignity. The international community had become increasingly aware of the seriousness of these problems. Female Genital Mutilation and other harmful practices showed that cultural relativism or so-called cultural exceptions could not become an exception in the universal application of human rights. The growing mobilization of non-governmental organizations in African countries and the growing concern of the international community showed the validity of the universality of human rights. It was not possible to accept exceptions which constituted serious violations of human rights, human dignity was the heritage of all cultures and countries. Secondly, the means and instruments which had been referred to as the mechanisms to make the practices extinct were important. Education, and the changing of the cultural guidelines which underlay these practices was important.
He stressed the significance of legislative action. Multidisciplinary efforts were required to establish laws which prohibited these practices and to make sure they were valid laws which were applied and respected. It was within this sphere that educational campaigns could make a difference. Third, one had to take note of the trends to mobilize national, regional and world awareness which were beginning to have a positive effect. The non-governmental organizations in Africa itself were mobilizing, a clear sign of an improvement of the situation.
RENATE BLOEM, of the World Federation of Methodists and Uniting Church Women, speaking on behalf of 17 non-governmental organizations, said obstacles to continued progress for women -- and there had been much progress -- included that violence against women was still rampant in many forms; where poverty existed, women suffered the most; tradition, patriarchal norms, and cultural patterns of discrimination persisted in too many places and in some cases seemed to be hardening; women's achievements still tended to be devalued; policy and decision-making in every field still tended to be dominated by men; and in many countries the media continued to project a negative and degrading image of women.
The final document of the Beijing Plus 5 summit, while falling short of NGO expectations, moved forward with tougher measures to combat domestic violence, including marital rape, trafficking in women and girls, and in tackling the impact on women of HIV/AIDS and globalization. It called for women's rights to inheritance, to property, and access to housing; it mentioned for the first time so-called honour crimes and identified traditional practices, such as female genital mutilation and early and forced marriage, as human-rights violations. Time-bound goals were set related to closing the gender gap in primary and secondary education, free compulsory and universal primary education, universal access to primary health care, and improvements in adult literacy. There should be a follow-up study on "how to transform those cultural practices which discriminate against women and which, at times, cause irreparable physical, psychological and social damage to women and girls".
PENNY PARKER, of the Minnesota Advocates for Human Rights, said the organization had been working in the areas of domestic violence, sexual harassment and trafficking in women. The lack of availability and accessibility of local remedies in this area was one of the key conclusions of the organization's report. The organization was dedicated to documenting human rights abuses as well as advocating, educating and providing training and technical assistance. It also offered monitoring and training tools to empower local non-governmental organizations to improve human rights conditions in their countries. The conclusion of several reports on Armenia, Moldova, Ukraine and Uzbekistan had showed that domestic violence in the lives of women in all these countries was pervasive.
Women could not speak freely about this problems and even though one in three women had experienced domestic abuse, there was a general sense of denial. The effects of domestic violence never stopped in the home. Many of the women who were trafficked were taking risky job offers abroad in an attempt to escape the domestic violence at home. The Subcommission was urged to consider concrete remedies to these problems. The challenge of implementing human rights with regard to women was very difficult. Domestic violence was a particularly incipient abuse, paralysing women in many ways from enjoying the basic human rights they deserved.
AIDA AUGILA, of the World Federation of Trade Unions, said regrettably the Secretary-General's report on the situation of women in Afghanistan had not yet come out. Full and abhorrent violations of the rights of Afghan women continued to occur without much help from the international community to end them. Women were subjected to beatings for going out into the street without an escort or for violating the draconian dress code. They could not even listen to music in their own rooms. Women doctors, lawyers, engineers and other professionals had been suddenly denied the right to work and were virtual prisoners in their own homes. Many women had become beggars -- they had to go out into the street, fearful, to get money for their children. Schools were closed to girls.
Afghanistan had the highest rate of maternal mortality in the world, according to the World Health Organization. There was a very high rate of depression among women. Millions of girls were growing up with no education, no health care, and were plagued daily by threats and punishment. The international community had not done nearly enough, and the humanitarian assistance offered did not require often enough that it be spread equally between men and women. Also, the international organizations working in Afghanistan should have more women staff.
ANNA BLONDI BIRD, of the International Confederation of Free Trade Unions, said that without exception in all European Union countries women received lower wages than men for equal work and were under represented in management positions. In Italy, women's salaries were 20 percent lower than that of men; in Spain they were 27 percent lower. Women were denied promotions to posts traditionally held by men, irrespective of ability and training. Women were also facing sexual harassment at work. In Belgium one out of three women was harassed sexually at the workplace, although sexual harassment was illegal. The picture certainly did not improve in the rest of the world, since gender discrimination was deeply rooted in all societies. Women's jobs were more likely to be part-time, low-paid, atypical, home-based, sub-contracted, out sourced, in the informal sector and connected to migrant domestic workers. States were called upon to ratify the Convention on the Elimination of All Forms of Discrimination Against Women, stamp out discrimination against women at work and deal with sexual harassment at the workplace. More studies had to be carried out through gender impact analysis on labour market policies and programmes and the gender dimension of all Governments' policies.
TATIANA SHAUMIAN, of the International Institute for Peace, said she had been impressed by a statement by Joy Ezeilo of the University of Nigeria at a panel discussion on poverty, violence and the human rights of women, where she identified poverty and violence as the two major constraints to the advancement of women worldwide, and said that women's low social status and denial of equal access to education made achievement of a higher level of life impossible. The latest available data showed an alarming increase in the number of rural women living in poverty. The Revolutionary Association of the Women of Afghanistan had expressed deep concern about poverty in the country, and especially women's poverty, and about the remarkably grave violations of women's rights in Afghanistan in the name of Islam.
In Pakistan, there were such violations as "marriage in exchange" and honour killings; as long as Muslim women were conditioned to accept the rights used by religious hierarchies, they would never become fully free or equal to men. It was necessary to take legislative, administrative, social and educational measures to protect the girl child from all forms of physical or mental violence, injury or abuse, maltreatment or exploitation, including sexual abuse.
MARIAN SIKORA, of the Transnational Radical Party, drew the attention of the Subcommission to female genital mutilation which involved partial or total removal of the external female genitalia or injury to the female genital organs, usually performed on girls before puberty. Between 100 and 132 million girls and women have been subjected to female genital mutilation around the world and an estimated 2 million girls were at risk of the practice. In Africa, the estimated proportion of victims varies from 98 percent in Somalia to 5 percent in Zaire, however, the practice was also found in some ethnic groups in Oman, the United Arab Emirates, Yemen, India, Indonesia and Malaysia. The practice had a number of short-term and long-term medical consequences, however, female genital mutilation could also lead to death. In fact, the highest maternal and infant mortality rates were recorded in regions which practised this mutilation. The Subcommission was urged to draft and adopt laws banning female genital mutilation as a crime against personal integrity, realize systematic county-by-country surveys, promote public information, education and prevention campaigns and support local women's networks and associations that struggled for the elimination of these practices.
KHAYECHI NAIMA, of the National Union of Tunisian Women, said the Beijing Plus 5 summit had helped maintain political will to continue work towards equal rights for women around the world and in all aspects of life. The summit had highlighted the need to promote the participation of women in political decision-making. Women continued to suffer from poverty and deprivation -- especially refugee women and elderly women. Others were denied the right to education or suffered from poverty and violence. The international community should work more with non-governmental organizations to promote the situation of women, especially in developing countries, and should consider contributing resources to NGO efforts.
Tunisian women were eager to promote the status of women everywhere. After 1956, when Tunisia became independent, measures had put an end to polygamy in Tunisia; some 20 women's NGOs were now active in the country, and worked very closely with State bodies to address women's needs. Seminars had been held to advance the status of women, both in rural and urban areas; micro-credit programmes had been started; and women's rights after divorce, such as entitlements to alimony, had been established. Women also were active politically in Tunisia. More international solidarity was needed to advance the status of women.
FRANCOISE JANE HAMPSON, Subcommission Expert, welcomed the focus in the report on women and harmful traditional practices on effectiveness and practical implications on the ground. There were many issues of concern within this field. First, the goals with regard to implementation were complex. One had to address women in the private sphere, not only as economic players or victims. This could be done only through looking at the role of men in the private sphere. Finding effective ways to address the issue was complex. National authorities had to educate and persuade and to lead this process. Many Governments seemed unwilling to take the lead. The responsibility of Governments was not confined to following public opinion, but involved promoting human rights with sensitivity.
Concern was raised as to the incidents of forced marriage. In Britain, victims tended to be tricked to go to the Subcontinent only to find they had been promised away for marriage. This was not a question of education of citizens, but the State's obligation to enforce its own law. The State should take a lead in shaping attitudes. Mrs. Hampson noted that the British Government had always sought to promote all rights. However, friendly policies were said to have led to resentment amongst those who did not have young children.
With regard to female genital mutilation, States still attempted to impose their views on other societies. There was a need for education. The use of the virginity test in cases of rape was of concern. If States used this method, the necessary training had to be given to those carrying out the tests. The State had to take the lead to show that the premises on which virginity tests were taken were without substance. Finally, child victims of abuse and prostitution should not be criminalized. Article 3 of the optional protocol had to be viewed in this light.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said the report on harmful traditional practices was praiseworthy and was a classic example on how tenacity and conviction achieved their aim. The topic had been taboo when Mrs. Warzazi began her work; now it was a focal point of the Subcommission's work. It also showed how cooperation and careful negotiation with Governments and civil societies could achieve the basic challenge of such an undertaking, which was how to reconcile cultural values with the need for international standards so there was a balance between custom and adaptation to new requirements. The Subcommission regularly faced this challenge; it sought to homogenize standards. It sought to change the world in a way that was not to be seen as an elimination of cultures and traditions.
States now submitted information on this delicate subject of traditional practices voluntarily; the Inter-African Committee also provided information. The topic could, in fact, be the subject of successive analyses. The problem was a long way from being solved, and the Subcommission should not end its scrutiny.
El-HADJI GUISSE, Subcommission Expert, reacted to Ms. Hampson's example of family policies offending people without children in the United Kingdom. The Western world was very individualistic, hence this was not surprising, however, in Africa the individual was only seen in terms of the group. Therefore it was further proof that one needed to analyse programmes with regard to the social context for which it was intended. Problems in criminal legislation on their own could not solve the problem, in fact, information and education were the two most basic channels to tackle these issues. Criminal law could not tackle the problem as traditional beliefs were deeply rooted in the minds of people.
PAULO SERGIO PINHEIRO, Subcommission Expert, said he supported Mrs. Warzazi's study. The exercise also provided valuable suggestions for Western non-governmental organizations who wanted to work on this subject in other societies. The study had a good specific focus and stated the challenges involved carefully and accurately. It could help Governments in designed programmes to promote respect for women's rights.
CHIN SUNG CHUNG, Subcommission Alternate Member, said that the human rights of women were more and more present in human rights discourse as all people were equal in dignity and worth. The universal declaration of human rights reaffirmed the rights of all peoples and the equal rights of men and women. Discussions on traditional practices were based on this concept on human rights. The report was impressive, as was Mrs. Warzazi's commitment to the cause of the eradication of harmful traditional practices. He was pleased to note that despite the lack of response from Governments, that a large number of countries had contributed with helpful information. The Subcommission should make further effort to ensure that Governments responded in order to enable the work to proceed. Trokosi and honour killings were also of concern and Governments should be urged to act, educate and lead to an end to these practices once and for all.
ASBJORN EIDE, Subcommission Expert, said the report and Mrs. Warzazi's efforts deserved continuing support. Mr. Guisse's comments on Mrs. Hampson seemed to him to overstate the differences between Western and African societies, as far as groups and individuals were concerned. He had had long conversations with African sociologists who had said there was a change in African approaches to individuals and groups, and in the West there were frequently strong loyalties to groups and families. Meanwhile the point of international human-rights law was to protect human rights; and that included sometimes not only the need for criminal measures but steps to educate, too. Perhaps Mr. Guisse had given too weak attention to the protective function of States under international human-rights law.
In Afghanistan, the Subcommission had to acknowledge that the situation there was really a return to the dark ages, and also an insult to Islam. This shameful situation had to be ended. The world could not sit aside and let this tragedy continue for the women of Afghanistan and for all members of Afghanistan's society.
EL-HADJI GUISSE, Subcommission Expert, responded to Mr. Eide's comments by quoting a proverb from his home-country, that only those who live along the banks of the river, know how deep it is. The African family was different, everyone was bound together in a different way. What Mr. Guisse had said about his country was not to be subjected to intellectualization by Mr. Eide. Furthermore there were two sides to human rights, there was promotion and protection. Information was the key to human rights in this field as the law had only been an obstacle and had only entered into force when there had already been a violation.
STANISLAV OGURTSOV, Subcommission Expert, said Mrs. Warzazi's work was remarkable; she had gathered information despite non-cooperation from States. She had published it and had accomplished much good. Such countries should do more to cooperate; what was happening was incredible. Millions of girls were being threatened with these kinds of dangerous operations. Other crimes -- burning of unfaithful women, for example, were terrible and horrific. They were blatant violations of human rights. The Subcommission had to state that bluntly, and the study must be continued. It also was clear that legislation alone would not uproot these evils. Education, information, dialogue and assistance ultimately would bring about an end to these evil practices.
RIYAZ PUNJABI, of the Himalayan Research and Cultural Foundation, said the UN was systematically moving in the direction of achieving the objective of elimination of violence against women in public and private life. In order to achieve all the objectives included in that field the Special Rapporteur was required to review the definition of gender as prevalent in different societies, and to study the balance of power between men and women at all levels of society across the world. Violations no longer needed to remain a private affair between individuals, States were under the obligation to provide complete information to the Special Rapporteur on all aspects regarding the situation of traditional practices affecting the health of women and the girl child. However, in view of the limited response so far, the report had been forced to divert most of its attention to female genital mutilation and less so to honour killings. Both practices were abhorring and inhumane practices and needed to be banished from the face of the earth. United Nations efforts as well as those of non-governmental organizations were gradually eliminating these inhuman practices from societies in which they were present. The local and national media, particularly in the developed world, had been repeatedly highlighting the cases of sexual harassment at places of their work. The Special Rapporteur needed to take up these issues which had a great bearing on human rights with regard to women. With regard to the lack of information, perhaps NGOs could assist, to enable the Special Rapporteur to take measures to implement the human rights with regard to women.
SONI SETYANA, of the Netherlands Organization for International Development Cooperation, said female genital mutilation was practised in rural Indonesia, often with little understanding of health and hygiene. Sixteen years after ratifying the Convention on the Elimination of All Forms of Violence Against Women, there was not enough being done by the Government to provide better health information on such matters, and to spread such information evenly around the country; there also was a lack of health education that could have fatal consequences. Overall the Indonesian Government had not paid enough attention to traditional practices affecting the health of women and girls.
The Government had shown much goodwill, had signed the CEDAW optional protocol and had formulated a national policy on women's participation in development. But in practice, past gender attitudes remained in force, even in Government. There were very few women participating in strategic and policy-making positions. There was still a long way to go, and the Government must be encouraged to improve legislation and health standards, create a gender-sensitive judiciary, and fulfil its reporting obligations under CEDAW.
NEELAM BHAN, of the Afro-Asian People's Solidarity Organization, said that besides the economic criterion that subjugated women, it had often been religion or a wrong interpretation of religion that had played a significant role in subjugating women. This had happened in all religions, in all societies and in all cultures. The Beijing Conference on Women should be considered a testament of women's rights at the end of the twentieth century. In the Beijing Plus 5 summit, there had been an opportunity to revive the programme of action agreed upon five years ago. Countries should appreciate the gains and should underline the shortfalls so that these could be overcome.
In South Asia, women were facing acute problems in the scourges of poverty, illiteracy, unequal treatment in all spheres of life, discrimination against the girl-child, physical violence against women etc. These problems were compounded by the imposition of a wrong interpretation of religion. Particular reference was made to the situation of women in Pakistan, Afghanistan and Kashmir where fundamentalism or a regressive interpretation of religion added to general discrimination. In India, women suffered from discrimination, but due to the strong Indian women's movement, the discrimination was not based on religion. Women in South Asia had a long way to go before their potential was realized. However, with the presence of religious fundamentalism and revival, this task was even more difficult.
FATMA KAYA, of the Women's International Democratic Federation, said women were being short-changed educationally, and that was greatly hindering their ability to compete in the globalized economy; in addition, States were cutting budgets or privatizing sectors where women were frequently employed, such as in health areas. And sweat shops, part-time and uninsured work were a feature of globalization in the Southern hemisphere, and posed serious problems for women employees.
Freedom of thought was a crime in Turkey; women were arrested for it, and most of them were Kurdish, and they were then subject to harassment and rape in police stations and prisons. In South Kurdistan, meanwhile, the heavy impact of religion and economic pressure were impeding the development opportunities of Kurdish women. In Iraqi Kurdistan, women were oppressed, beaten, mutilated and murdered. Those who killed women through crimes of honour walked around free and unpunished. States must guarantee women's rights in all sectors and activities of public and private life and must pass effective criminal laws for prosecuting offenses against women's rights.
A. S. NARANG, of the Indian Council of Education, said developments remained narrow, marginalizing sections of society, more particularly women. Statistics showed that women worked two thirds of the world's working hours, yet earned less than a tenth of the world's income. In addition, two thirds of the world's illiterate were women. Although largely responsible for the health and welfare of family members, these women were often deprived of the very means to perform these functions efficiently. Women, particularly from lower castes and indigenous populations, lived in a situation of extreme poverty, marginalization and vulnerability. Women's right to development still encountered many barriers rooted in domestic laws, cultural traditions, social practices and gender based stereotypes that were extremely difficult to eradicate. It was time that States and societies were made to understand that the struggle for gender equality was not a women's struggle against men, but rather a struggle for justice and human rights. The Subcommission should look into the necessity of recommending affirmative actions for involving women in political and administrative decision-taking bodies. It was hoped that the Commission, States and civil society would play a more active role and that all the progress on paper would not remain rhetoric.
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